20 November 2004	Saturday	07 Shawwal 1425

LAHORE, Nov 19: A division bench of the Lahore High Court on Friday restored the operation of the ordinance promulgated by the federal government on Nov 3, paving the way for holding of the Punjab Bar Council elections under the changes stipulated by the new law.

Comprising Justice Sheikh Abdur Rashid and Justice Muhammad Muzammil Khan, the bench set aside the decision of an LHC bench in Bahawalpur which suspended the operation of the ordinance in hearing a writ petition that challenged the new law on the basis that it infringed on junior lawyers' right to contest the PBC elections.

The division bench agreed with Advocate-General Syed Shabbar Raza Razvi, who is also the returning officer for the PBC elections and the council's ex-officio chairperson, that the new ordinance set certain conditions for the candidates to contest the elections and they included the qualification of lawyers who could now take part in elections after completing a professional standing of at least 10 years.

He submitted that the fundamental rights could not be taken for granted, as they were always subject to certain constitutional provisions and law. He cited the example of determining graduation as the condition for contesting elections to assemblies and said this qualification did not take away the fundamental rights of the citizens of Pakistan.

The advocate-general, who has challenged the Bahawalpur bench decision through an intra-court appeal, submitted that the ordinance was a valid piece of legislation because it was promulgated by the president who was as competent to legislate as parliament.

He submitted that the ordinance reformed the electoral system of provincial bar councils and it was promulgated in the light of certain Pakistan Bar Council proposals which were prepared in consultation with all the Punjab bar councils. It also contained a bill that was pending before the Senate for amendment to the Legal Practitioners and Bar Councils Act, 1973.

Mr Razvi submitted that the ordinance had an agreement of the entire legal community of the country and the federal government did not deviate from incorporating all the provisions of the changes in the law as suggested by the Pakistan Bar Council.

The division bench agreed to a submission by Muhammad Arif Chaudhry, who is representing four junior lawyers in three identical writ petitions, that all the petitions and the intra-court appeal of the PBC should be heard by a larger bench. Mr Chaudhry had requested the court that his petitions should also be joined together with the PBC appeal because they related to similar matter.